Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698944840421.pdf (Zambia)
REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE FOURTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY Printed by the National Assembly of Zambia REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE FOURTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY Page 1 1 2 2 2 2 3 3 3 4 4 6 6 7 8 10 10 11 13 13 15 16 TABLE OF CONTENTS Functions of the Committee Programme of Work Item 1.0 Membership of the Committee 2.0 3.0 4.0 Meetings of the Committee 5.0 6.0 Procedure adopted by the Committee Arrangement of the Report CONSIDERATION OF THE TOPICAL ISSUE PART I Topical Issue: The African Peer Review Mechanism: The Case of Zambia Background to the study 7.0 7.1 Objectives 7.2 Witnesses 8.0 8.1 8.2 Summary of Submissions by Stakeholders Institutional Framework Governing the APRM in Zambia Effectiveness of the APRM in Zambia 8.2.1 Key Challenges Identified in the First Country Review Report 8.2.2 Responses to Key Challenges Identified in the First Country Review Report Progress in Some Key Objectives of the APRM Sustainability of Zambia’s Membership to the APRM Necessity of Zambia’s Membership to the APRM Zambia’s Reluctance to Undergo another Self-Assessment Civil Society Participation in the APRM Challenges faced by the Mechanism in Zambia Suggested Way Forward Committee’s Observations and Recommendations 8.3 8.4 8.5 8.6 8.7 8.8 8.9 9.0 i PART II CONSIDERATION OF THE ACTION-TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY 10.0 Gender-Based Violence in Zambia 11.0 Review of the Operations of the Legal Aid Board 12.0 Review of the Operations of the Office of the Public Protector 13.0 Participation of Persons with Disabilities in the Electoral Process in Zambia 14.0 The Implications of the Extractive Industry Activities on Human Rights: The Case of Zambia’s Mining Sector 15.0 The Death
 Penalty in Zambia 16.0 The Causes and Extent of Torture in Zambia 17.0 Judicial Reforms in the Justice system in Zambia 18.0 Enforcement of the Law Relating to Violence and Harassment against Women and Girls in Zambia 19.0 Conclusion Appendix I – List of National Assembly Officials Appendix II – List of Witnesses 18 22 24 26 26 28 28 29 30 30 32 33 ii List of Acronyms and Abbreviations ABD AU APRM CRM CRR CSA CSOs FBOs FIC GDP MPSAs NEPAD NGC NGOs NGOCC NPoA PAP PEP PPP PWDs SNDP UNDP UNEC WiLDAF African Development Bank African Union African Peer Review Mechanism Country Review Mission Country Review Report Country Self-Assessment Civil Society Organisations Faith-Based Organisations Financial Intelligence Centre Gross Domestic Product Ministries, Provinces and Other Spending Agencies New Partnership for Africa’s Development National Governing Council Non-Governmental Organisations Non-governmental Gender Organisation Coordinating Committee National Programme of Action Pan African Parliament Politically Exposed Person Public Private Partnership People with Disabilities Seventh National Development Plan United Nations Development Programme United Nations Economic Commission for Africa Women in Law and Development in Africa iii REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE FOURTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY 1.0 MEMBERSHIP OF THE COMMITTEE The Committee consisted of Mr M Jere, MP (Chairperson); Mrs P G M Jere, MP (Vice- Chairperson); Mr R Bulaya, MP; Mr E Sing’ombe, MP; Mr C Nanjuwa, MP; Evg.
H Shabula, MP; Ms P M Langa, MP; Mr S Banda, MP; Mr R C Mutale, MP; and Mr S Chungu, MP.

The composition of the Committee changed following the appointment of Mr M Fube, MP, who replaced Mr R C Mutale, MP to serve on the Committee.

The Honourable Mr Speaker National Assembly of Zambia Parliament Buildings LUSAKA Sir The Committee has the honour to present its Report for the Fourth Session of the Twelfth National Assembly.
2.0 FUNCTIONS OF THE COMMITTEE In line with Standing Order No 157(2), the Committee on Legal Affairs, Human Rights, National Guidance, Gender Matters and Governance is responsible for the following sector ministries: Ministry of Justice, Ministry of Gender, Ministry of National Guidance and Religious Affairs and other Government departments, commissions and agencies under these ministries.
The functions of the Committee are, among other things to: (i) study, report and make appropriate recommendations to the Government through the House on the mandate, management and operations of the Government Ministries departments and agencies under its portfolio; (ii) carry out detailed scrutiny of certain activities being undertaken by the Government its portfolio and make appropriate Ministries, departments and agencies under recommendations to the House for ultimate consideration by the Government; (iii) make, if considered necessary, recommendations to the Government on the need to review certain policies and certain existing legislation; (iv) examine annual reports of Government Ministries and departments under its portfolio in the context of the autonomy and efficiency of Government ministries and departments and determine whether the affairs of the said bodies are being managed according to relevant Acts of Parliament, established regulations, rules and general orders; 1 (v) consider any Bills that may be referred to it by the House; (vi) consider International Agreements and Treaties in accordance with Article 63 of the Constitution Amendment Act No.
2 of 2016; (vii) consider special audit reports referred to it by the Speaker or an Order of the House; (viii) hold public hearings on a matter under its consideration; and (ix) consider any matter referred to it by the Speaker or an Order of the House.

3.0 PROGRAMME OF WORK The Committee adopted the Programme of Work set out below.

(i) Consideration of the Action–Taken Report on the Report of the Committee for the Third Session of the Twelfth National Assembly.
(ii) Consideration of the topical issue – The African Peer Review Mechanism: The Case of Zambia (iii) Local Tour 4.0 MEETINGS OF THE COMMITTEE The Committee held ten meetings during the year under review to execute its Programme of Work.
5.0 PROCEDURE ADOPTED BY THE COMMITTEE The Committee requested for written memoranda from stakeholders on the topical issue under consideration and invited them to appear before it in order to make oral presentations and clarifications on issues arising from the written submissions.
6.0 ARRANGEMENT OF THE REPORT The Committee’s Report is organised in two parts: Part I deals with the deliberations of the Committee on the topical issue, arising from the oral and written submissions from various stakeholders as well as its findings from the local tour and the Committee’s observations and recommendations thereon.
Part II outlines the Committee’s recommendations following consideration of the Action–Taken Report on the Report of the Committee for the Third Session of the Twelfth National Assembly.

2 PART I CONSIDERATION OF TOPICAL ISSUE THE AFRICAN PEER REVIEW MECHANISM: THE CASE OF ZAMBIA 7.0 Background As a commitment to good governance and a need for a comprehensive self-assessment mechanism, Zambia welcomed the inception of the African Peer Review Mechanism (APRM)to which it acceded to on 22nd January, 2006.
The mechanism entails periodic reviews of the policies and practices of participating countries to ascertain progress being made towards achieving the mutually agreed goals and compliance in four focus areas, namely Democracy and Political Governance; Economic Governance and Management; Corporate Governance; and The mechanism involves all stakeholders in examining Socio-economic Development.
democracy, political, economic and social issues and makes appropriate recommendations with the aim of finding lasting solutions.

In 2011, Zambia hosted the Country Review Mission (CRM) and was subsequently peer reviewed during the 18th AU Summit held in Addis Ababa, Ethiopia in 2013.

Although Zambia had recorded a number of governance strides following her accession to the mechanism, the process had unmistakably slowed down.
The country faced a number of challenges including the drastic reduction in the budgetary allocation for APRM activities.

The Committee, therefore, sought to critically review the mechanism by looking at its achievements, its implementation process as well as the challenges mechanism was facing.
7.1 Objectives The objectives of this undertaking were for the Committee to: i) ii) iii) iv) v) vi) vii) viii) appreciate the institutional framework governing the APRM in Zambia; establish the effectiveness of the APRM in Zambia; appreciate the progress made on some key objectives of the APRM; appreciate the benefits of the APRM; determine the sustainability of Zambia’s membership to the mechanism; appreciate the role of non-state actors in the APRM implementation process; appreciate the challenges, if any, facing the implementation of the process; and draw some conclusions and make recommendations aimed at making the APRM credible and effective in Zambia.
7.2 Witnesses The Committee received both written and oral submissions from the twenty-one stakeholder institutions listed at Appendix II.

3 8.0 SUMMARY OF SUBMISSIONS BY STAKEHOLDERS A summary of the submissions of the stakeholders who appeared before the Committee is presented below.

Institutional Framework Governing the APRM in Zambia 8.1 The Committee was informed that the APRM operated at two levels, namely continental and national levels.
The Committee learnt that once a Member State signed the memorandum of understanding (MoU), it commenced the process of setting up national structures which oversaw the implementation of the mechanism and ensured the participation of different stakeholders.

Key APRM institutions included the Republican President, a focal point, national secretariat, research institutes and desk officers.

In Zambia, the structure was as set out below.


a) The Republican President The Committee was informed that as a member of the APR Forum, which comprised Heads of State and Government of participating states, the President of the Republic of Zambia represented the nation during the peer review.

The APR Forum was the supreme decision- making organ of the APRM at continental level.
b) Focal Point Stakeholders submitted that each member state established a focal point for the APRM process at ministerial level.

The focal point, which in Zambia was the Ministry of Justice, was an integral part of the structure and it was critical that the work of the focal point was inclusive, integrated and coordinated with existing policy decisions and medium-term planning processes.

The focal point was further mandated to mobilise resources for the programme.
c) National Governing Council Stakeholders informed the Committee that the National Governing Council (NGC) provided strategic direction to the implementation of the APRM.

The Council, which was established to manage the process at national level, was supposed to be autonomous and inclusive of all key stakeholders.

The Committee was informed that jurisdictions like South Africa, Rwanda and Sierra-Leone had governing Councils which were independent and autonomous of the state.
Membership to the council was supposed to be diverse and representative to ensure broad-based participation.
Stakeholders submitted that theNGC in Zambia was made up of ten members since 2012 as follows: i) One member of staff from the National Assembly ii) One member of staff from the Judiciary iii) One member of staff from Executive iv)One member of staff from Anti-Corruption Commission v) vi) Four representatives from civil society organisation, one of which represented the Two freelance consultants youth.

The Committee heard that Benin had the most commendable NGC approach.
The Benin APRM Independent National Commission was established by decree and provided that the chairperson 4 and one vice-chairperson should be civil society representatives while other the other vice- chairperson should be a Member of Parliament.

It was also heard that the Algerian NGC approach comprised 100 members almost evenly split between state and non-state actors, including legislators and labour unions.
Stakeholders pointed out that the role of the role of the NGC was to, inter alia: i) work closely with the Focal Point in preparing, administering and coordinating various activities of the APRM; ii) provide leadership, guidance and direction for the implementation of the peer review in Zambia; iii) ensure the integrity of the peer review process by keeping it transparent, inclusive and accountable to the people of Zambia; iv) ensure that the Executive, Parliament, Judiciary, civil society, the private sector and the general public were sensitised and their full participation enlisted on the APRM; review progress on the planned activities; v) vi) ensure successful harmonisation of the Country Review Report (CRR) and the National Plan of Action (NPoA) of the APRM; and supervise the preparation of progress reports on the implementation of the NPoA.
National APRM Secretariat d) The Committee was informed that the national APRM Secretariat provided technical and administrative support to the NGC.

It assisted the Council in organising sensitisation programmes at national and local levels.

The Secretariat also facilitated and supported the work of the technical research institutions and ensured adequate logistical and administrative support for the process.
The Committee learnt that there were several variations of national secretariats and Zambia did not have a full independent national APRM Secretariat.

Instead the governance secretariat in the Ministry of Justice had been playing the role of the APRM Secretariat, thus exercising dual roles which made it very difficult to move at an optimum pace in the process because of their full-time role as governance secretariat in the Ministry.
Stakeholders submitted that the APRM Secretariat, which could still be attached to the Ministry of Justice, should be given a clear-cut mandate and be answerable only to the NGC.

Most of the stakeholders expressed the view that despite the adequate institutional framework to effectively implement the APRM in Zambia, the APRM process lacked popular participation of the general populace.
They stated that even after thirteen years of the APRM implementation, the ordinary citizens, including civil servants, were not fully aware of the importance of the mechanism.

The Committee heard that there was need to explore more appropriate but cost– effective ways to engage citizens and enhance the implementation framework of the mechanism.
The stakeholders reiterated the fact that it would be ideal to have a full-time secretariat on the APRM programme unlike the current situation where the governance department of the Ministry of Justice was also the secretariat.

5 While stakeholders were of the view that the implementation framework was appropriate and to some extent consultative, they recommended as set out below.
i) Provision of access to information about the conduct of the APRM and ensuring the publication of the self-assessment reports at national level.

ii) Creation of websites or documentation centres where minutes of NGC meetings could readily be accessed by researchers seeking to understand the operation of the process.

iii) Removal of discretion granted to countries regarding the release of country self-assessment reports.
It was important for researchers and civil society groups to have access to such important documents.

iv) Provision of a revised APRM questionnaire in two forms, namely one version for expert consultants and one version in a non-technical language so as to enhance citizen participation.

The questionnaire asked countries to describe laws, institutions and practices without explicitly requiring them to evaluate their performance delivery.
The questionnaire did not critically evaluate whether or not in practice the laws, policies and procedures actually worked.

Effectiveness of the APRM in Zambia 8.2 Stakeholders noted that prior to 2006, Zambia did not have a holistic self-assessment mechanism for governance.

Governance was being assessed by some international and non-governmental organisations (NGOs), which resulted in fragmented and invalidated assessments by these organisations.
Further, the assessments carried out by international and NGOs lacked detailed recommendations to enable the country implement remedial measures.

As such, these assessments were not integrated into the national development planning processes.

Stakeholders further submitted that since acceding to the APRM, Zambia had progressed slowly but steadily in the implementation of the process.
The untimely death of the Third Republican President, Mr Levy Patrick Mwanawasa, in 2008 which steered the country into a presidential by-election somewhat delayed the country’s self-assessment.

Stakeholders also submitted that Zambia’s commitment was steadfast with the confirmation of the Ministry of Justice as the focal point institution and the production of the first progress report which spoke volumes about the progress of the APRM in the country.
Despite the progress recorded, some stakeholders submitted that the effectiveness of the APRM would remain questionable if the Government did not mainstream the process.

They submitted that there was need for a regular APRM reporting system to the public to show progress on specific thematic areas identified in the country review report.

It was the stakeholders considered view that there should be a direct link and relationship between implementation of the NPoA and the issues cited therein.
8.2.1 Key Challenges Identified in the First Country Review Report The Committee was informed that in February, 2011, the Country Review Mission (CRM) led by Prof Sawyer and comprising individual African experts in the four thematic areas of APRM and other strategic partners such as the United Nations Development Programme (UNDP), the United Nations Economic Commission for Africa (UNECA) and the African Development Bank (ADB) was undertaken.
It was submitted that stakeholder participation in consultations was 6 generally inclusive even though Government representatives were numerically dominant compared to the private sector.

Stakeholders submitted that upon the completion of the CRM, the country review report highlighted some key challenges as set out below.

i) Zambia’s poor record in domesticating and implementing regional and international agreements and the absence of a depository of international instruments in the country.
ii) Perceived high levels of corruption, cutting across the entire system of political, social and economic spheres in Zambia.

iii) Denied rights such as access to land by women and violation of human rights in workplaces such as mines.

iv) High levels of unemployment and low wages, particularly in urban areas.

v) High poverty levels which needed extended periods to address.
vi) Poor state of feeder roads which inhibited economic development vii) Non-enforcement of environmental protection regulations, inadequate corporate social responsibility and non-protection of consumers.

8.2.2 Responses to Key Challenges identified in the First Country Review Report Stakeholders submitted that Zambia was due to undergo the second round of peer review in 2018/2019 to assess the progress made in addressing governance challenges that were identified during the first peer review.
In this regard, Zambia was obliged to prepare at least two progress reports that were due for presentation at the APRM Summit of Heads of State and Governments.

The first progress report was presented by His Excellency on 28th January, 2017 in Addis Ababa, Ethiopia.

Various responses were highlighted vis-à-vis the key challenges identified in the first country review report, and these are outline below.
i) ii) Establishment of a central depository registry of regional and international agreements was initiated through the enactment of legislation that would guide the functions of the central depository registry.

The Zambian Constitution had been amended in January, 2016.

The country’s democracy had been augmented by the amendment of the Constitution which included progressive provisions that were important in safeguarding a maturing democracy.
The country, however, still had the challenge of maintaining a steady voter-turnout, particularly at presidential election level.

iii) The National Decentralisation Policy which would empower provinces and districts to iv) v) manage their own affairs for effective socio-economic development had been approved.

The Ministry of Gender had been created to spearhead the attainment of gender parity.
The appointment of many women in Cabinet and at local government and parliamentary level improved Zambia’s ranking with regard to representation of women in political decision-making positions.

Zambia’s Constitution enshrined the separation of powers among the three organs of the state and safeguarded the independence of these organs.

7 vi) vii) Zambia’s real Gross Domestic product (GDP) growth rate had recorded a steady decline from 5.1 percent in 2013 to 3.2 percent in 2015.
The economic growth averaged 5.3 percent per annum due to poor performance of the agricultural sector in 2013 and 2015.

The growth rate under mining in 2014, 2015 and onwards, was affected by a combination of external shocks in response to which Zambia took stringent measures to arrest the negative growth of the GDP.
In order to promote diversification of the economy and attain the long-term objective of becoming a prosperous middle-income country by 2030, Zambia’s economic development agenda focuses on fostering industrialisation and job creation through the private sector.

viii) The Government renewed the level of involvement by private firms in developmental ix) x) xi) xii) programmes by strengthening the Public Private Partnership (PPP) initiatives in 2015.
The Government reviewed salaries of employees across the country in order to ensure equity in the distribution of salaries by narrowing the gap between salary scales.

The Government had prioritised the construction of housing units during the period 2017 to 2021, through a number of public and private initiatives and strategies.

The Government had initiated the Link Zambia 8,000km Road Project aimed at transforming Zambia into a land-linked country.

By the end of 2016, 3,358.90 km had been worked on.
The Government was encouraging spending agencies to establish Integrity Committees in line with the Anti-Corruption Act, No.3 of 2012.

In 2016, community awareness programmes were intensified by the launch of the slogan “A Corruption Free Zambia Begins with Me” aimed at driving the country’s anti-corruption crusade.

xiii) The Social Cash Transfer Scheme was expanded from 51,308 beneficiaries in 2011 to 242,000 in 2016.

The number of beneficiaries had increased to 590,000 in 2017.
The above notwithstanding, the Committee was informed that the question as to whether or not the APRM had been effective in Zambia was difficult to answer.

On one hand, the country’s review report highlighted a number of objectives and key challenges that needed to be addressed.

On the other hand, the identification of these challenges was only one aspect of the solution while implementation of the recommendations was another.
The stakeholders submitted that the APRM oversight seemed to be more focused on the identification of challenges than the implementation of solutions, leaving the implementation part largely to the member state.

This was exacerbated by the fact that the APRM was a voluntary participation mechanism based on the good faith of the member state.
In this regard, it was possible that the Government could effectively tailor a progress report, whether expressly or by setting up the required short-term conditions to nurture short-lived progress.

Progress on some Key Objectives of the APRM 8.3 Stakeholders were of the view that a lot needed to be done in APRM Objective No.

1 on the prevention and reduction of intra and inter country conflicts.
They submitted that effective conflict prevention required policy and legislative framework that encouraged dialogue.

Stakeholders, therefore, suggested that there was need to review the Public Order Act, Chapter 113 of the Laws of Zambia in its totality to ensure that all the retrogressive clauses that fringed on the people’s constitutional rights such as the right to assemble, freedom of expression and speech were dealt with.
8 Stakeholders noted that there had been some steady progress in APRM Objective No.

2 on constitutional democracy.

It was the stakeholders considered view that the periodic political competition and opportunity for choice, rule of law, Bill of Rights and the supremacy of the Constitution was addressed through the amendment of the Constitution in 2016.

The 2016 amendment further promoted political representation and established and strengthened appropriate electoral administration and oversight bodies.
With regard to Objective No.

6 on fighting corruption, the Committee heard that there were achievements in the fight against the scourge.

The Committee was informed that since the CRR in 2013, the country had continued to strengthen the fight against corruption.
Under the governance pillar of the Seventh National Development Plan (7NDP), on the indicator of Improved Transparency and Accountability, the percentage of the total anti-corruption cases reported and investigated between January and September, 2018 was 69.6 percent against the target of 75 percent.
With regard to the irregularities cited in the 2017 Auditor-General’s Report, the Anti-Corruption Commission (ACC) had targeted to act on 25 percent of the cases but had surpassed this target and acted on 48 percent.

Concerning the total malpractice cases reported and investigated in 2018, the target was 75 percent; however, the Commission recorded a 100 percent performance due to the strategy of embarking on on-spot investigations.
The Committee was further informed that the Commission had also investigated cases involving politically exposed persons (PEPs), some of which were from the Financial Intelligence Centre (FIC) trend reports.

The Commission had scored successes in the investigation and prosecution of PEPs including the People v Austin Liato, the People v Charity Mwansa and the People v Moses Muteteka.
Notably, from 2013 to-date, the Commission had handled seventy-three cases against PEPs including ministers, permanent secretaries, Members of Parliament, mayors and councillors.

With regard to APRM Objective No.

7, on the promotion and protection of women’s rights, the Government had enacted the Anti-Gender Based Violence Act, No.

1 of 2011 and the Equity and Equality Act, No.


22 of 2015 to promote non-discrimination, gender equality and equity and social justice and ensure gender equity, equality and integration of both sexes into society.
Further, the Government had strengthened collaborations with the Non-governmental Gender Organisations Coordinating Committee (NGOCC) and the Women in Law and Development in Africa (WiLDAF) with regard to advocacy for the 50/50 adoption and representation of women in key decision-making positions.

Regarding APRM Objective No.8 on the promotion and protection of rights of the children and the youth, the Committee was informed that efforts had been intensified to create awareness of children’s rights.
In particular, the Government was continually responding to calls to end child marriage.

The National Strategy on Ending Child Marriage and the Action Plan 2013 outlined the strategic direction and priorities for strengthening collaboration, coordination, management and service delivery with regard to prevention and mitigation of child marriage.
The Committee also heard that in order to address APRM Objective No.9 on the promotion of rights of the vulnerable groups, including refugees, the aged, and internally displaced persons, the Government, through the Ministry of General Education and the Ministry of Community 9 Development and Social Services, had implemented the Girls’ Education and Women’s Empowerment and Livelihood (GEWEL) Project to empower 14,000 vulnerable girls with secondary school bursaries and 75,000 vulnerable but viable women from extremely disadvantaged households with training and productivity grants.
It was brought to light that the target of 14,000 girls had been exceeded as the project had empowered 16,497 girls.

Sustainability of Zambia’s Membership to the APRM 8.4 The Committee was informed that the sustainability of Zambia’s membership to the APRM was largely dependent on the extent to which the mechanism was mainstreamed.

If not mainstreamed into already existing monitoring efforts, it could be unsustainable.
Stakeholders submitted that while the Ministry of Justice was the focal point, every state institution and organ had a role to play in the realisation of the goals of the APRM.

They submitted that if the mechanism was viewed as a stand-alone programme, it would not be sustainable in the long term.

Stakeholders also submitted that Zambia’s membership to the APRM was unsustainable when the mechanism was a parallel structure to the AU.

This was because member states contributed to both the AU and the APRM.
With the integration of the APRM into the AU for universal accession of all AU member states, Zambia which at the beginning of the year 2018 owed the mechanism US$671,000, had managed to contribute US$250,335.57, leaving a balance of US$420,664.43.

Stakeholders further submitted that the Government had shown political will to continue with the APRM possibly because the anticipated benefits far outweighed the obligations pertaining to the existing financial implications of participating in the mechanism.
However, the stakeholders were quick to add that to be more sustainable, it was vital for the APRM to be fully institutionalised.

They submitted that the APRM framework lacked broad-based participation due to limited funding, limited sensitisation and interaction among stakeholders and weak feedback mechanism on the results from its implementation, which in turn weakened the credibility of activities implemented by the APRM Secretariat.
Necessity of Zambia’s Membership to the APRM 8.5 The Committee was informed that Zambia’s membership to the APRM was paramount.

The fact that the APRM was integrated into the African Union (AU) in 2018 called for universal accession of all AU member states by 2023.

Forty out of fifty four AU member states were participating in the APRM.

Fourteen AU member states were yet to accede to the mechanism.

Some of the benefits of Zambia’s membership to the APRM were highlighted as set out below.
a) b) c) Participation of all stakeholders in national issues, which in turn developed a culture of dialogue between the state and its citizens.

Promotion of transparency, openness and accountability in the management of public affairs.

Provision of an opportunity for countries to take stock of their international commitments and the state of the implementation of policies and programmes.
d) Being foretold or forewarned of impending dangers or challenges ahead, this helped the country to prepare in advance mitigating measures.

10 e) f) Provision of an opportunity to share best practices and experiences with other member states on how to handle similar challenges.

Subjection of a country to being assessed against internationally recognised norms and standards.
Stakeholders submitted that Zambia’s membership to the APRM was necessary as the process was key in the identification of gaps and capacity constraints and how to rectify them.

They added that the process promoted accountability and information sharing on best practices.

By being subjected to assessment against internationally recognised norms and standards, Zambia was likely to boost her standing in the eyes of the international community.
Zambia’s Reluctance to Undergo another Self –Assessment 8.6 The Committee was informed that Zambia had not been reluctant to undergo a second peer review.

Ideally, all countries that acceded to the APRM were supposed to be ready for the first peer review within eighteen months after accession.

This, however, had never been the case owing to various factors from country to country.

The Committee further heard that a total of twenty-two out of forty member states had undergone the first peer review.
Of the twenty-two, only three member states had undergone a second peer review as indicated in the table below.

MEMBER STATE KENYA UGANDA MOZAMBIQUE TO ACCESSION APRM (YEAR) 2003 2003 2004 PEER FIRST REVIEW (YEAR) 2006 2009 2009 PEER SECOND REVIEW (YEAR) 2017 2018 2019 The Committee was informed that once a country had been peer-reviewed, there were prerequisites to be fulfilled before a country could undergo a second peer review.

In this regard, the activities outlined below were paramount.
Launch of the Country Review Report a) It was submitted that before a country could be peer-reviewed for the second time, there was need to launch the Country Review Report (CRR).

Zambia’s CRR was launched on 6th March, 2014 through the late President, Mr Michael Chilufya Sata, to pave way for the implementation of the National Programme of Action (NPoA).
Further, as part of the implementation framework, Ministries, Provinces and other Spending Agencies (MPSAs) were also directed to appoint one officer within their respective institutions to be the desk officer for the APRM, responsible for planning, budgeting, monitoring and reporting the progress being made on the implementation of the NPoA.

Consequently, MPSAs were directed to implement activities that addressed the recommendations that were contained in the NPoA.
11 Tabling of the Country Review Report b) The Committee was informed that Zambia’s Country Review Report (CRR) was tabled and discussed by the Pan African Parliament (PAP) during the Ordinary Session of the Pan-African Parliament that was held in Sharm El Sheikh, Egypt, on 17th October, 2016.

During this Session, Zambia was represented by the Minister of Justice, in his capacity as APRM Focal Point in Zambia.
The tabling of CRR was the fifth and final stage of the APRM process before a country was peer reviewed again.

Presentation of Progress Reports c) The Committee heard that prior to the second peer review, a member state was expected to prepare at least two progress reports to be presented by the President of the Republic at the APR Summit of Heads of State and Government.

Zambia had presented its first report in January, 2017 and was in the process of preparing the second report.
Further, in line with the APRM Calendar of Planned Missions for 2019 by the APRM Continental Secretariat, Zambia was among the six countries that were earmarked for second peer review, with the full list as tabulated below.
MEMBER STATE YEAR OF FIRST REVIEW Egypt Niger Namibia Equatorial Guinea Ghana Zambia Nigeria South Africa Sierra Leone Mauritius ACCESSION 2004 2012 2017 2014 2003 2006 2003 2003 2004 2003 Source: APRM Continental Secretariat, 2019 – – – – 2005 2013 2009 2007 2012 2010 OF LEVEL REVIEW First Review First Review First Review First Review Second Review Second Review Second Review Second Review Second Review Second Review The Committee learnt that apart from the base review, which was the main review of all four thematic areas of the APRM, the APRM initiated another type of review called the Targeted Review in 2019, whose purpose was to provide independent, credible and legitimate analyses of specific developmental challenges of choice by member states.
It was heard that the APRM Continental Secretariat had chosen Zambia to host the “Targeted Review Technical Workshop” which was held in Livingstone in June, 2019to prepare AU member states to conduct targeted reviews and to agree on the calendar of missions for the year 2019.

Accordingly, Zambia fielded a Targeted Review Mission on the “Contribution of Mineral Resources and Tourism to the Economy of Zambia’’from10th to 25th November, 2019.
Under the targeted review, Zambia was expected to undergo a peer review on the two sectors during the APR Forum in 2020.

In this regard, Zambia was the second country, aside from Djibouti, to undergo a targeted review.

12 Civil Society and General Public Participation in the APRM 8.7 Stakeholders submitted that in other countries where the APRM was generally seen to be successful, civil society had been the main drivers of the mechanism.
The Committee was informed that there was skewed stakeholder participation in Zambia, where it was predominantly Government.

While most stakeholders submitted that some CSOs in Zambia had distanced themselves from the APRM due to undue dependence on donors, lack of organisational resources, knowledge and interest and failure of co-ordination within civil society itself, others maintained that some CSOs had simply shifted their agenda and had stopped pushing the APRM agenda.
This notwithstanding, a number of CSOs had formed a consortium of Civil Society Organisations Monitoring the Implementation of the NPoA of the APRM in Zambia to ensure that the process remained vibrant.

The Committee learnt, however, that there was more that the civil society could do, particularly in the review process.

CSO’s participation in the review process could create synergies with Government sectors.
The Committee was informed that participation of CSOs was a means through which Zambia could identify areas of improvement because it was not likely for a state to assess itself critically.

CSOs and the general populace allowed for a neutral third party to take part in the process and add value.

The inclusion of the CSOs and the general public in the APRM provided credibility to the process and assured a quality that went beyond the Government as a single participant in the process.
Stakeholders were of the view, therefore, that deliberate and robust sensitisation programmes should be put in place with the aim of ensuring that different sectors of society were represented in APRM deliberations.

It was noted that very few people in Zambia were familiar with the mechanism, mostly due to lack of funding by the Government for public awareness activities on the APRM.
It was suggested that awareness levels should be raised on the APRM’s mandate, activities and commitments to Agenda 2063 and Sustainable Development Goal (SDG Goal 16) and AU Member States’ experiences with the APRM reviews.

Further, stakeholders stated that the legal framework needed reform in order to enhance the overall governance of Zambia.
In particular, the Access to Information Bill and the Public Order Act required enactment and review, respectively, as they encompassed the broader spectrum of enhanced governance.

Challenges faced by the APRM in Zambia 8.8 Stakeholders identified the challenges set out below in the implementation of the APRM in Zambia.
i) Stakeholders unanimously noted that the implementation of the APRM process in Zambia had been negatively affected by inadequate financial allocations in the last seven years as shown in the Table below.
13 YEAR 2013 2014 REBASED 2015 2016 2017 2018 2019 2020 ZMK/ZMW 3,800,000,000.00 4,737,600,000.00 AMOUNT IN US$ 723,671.68 902,228.15 3,684,000.00 3,684,000.00 750,000.00 750,000.00 395,000.00 80,000 335,213.83 375,152.75 75,528.70 75,528.70 32,917.00 ii) Stakeholders observed that the APRM had inadequate structures at district and provincial level.

The APRM process had experienced unavoidable changes in its management.

New management had to start afresh to learn about the APRM process.
iii) Stakeholders observed that Ministries, Provinces and Spending Agencies had taken inordinately long to implement the National Programme of Action which was based on the recommendations contained in the CRR .For instance, APRM desk officers in MPSAs, who were responsible for planning, budgeting, monitoring and reporting the progress being made on the implementation of the NPoA had been leaving for other engagements outside the Government.
iv) v) vi) Stakeholders unanimously submitted that the lack of independent and autonomous national APRM Secretariat had resulted into the slow implementation of the mechanism.

Stakeholders observed that the national APRM Secretariat, which provided technical, coordinating and administrative support services, had insufficient capacity for the analytical work that underpinned the peer review process.

Stakeholders observed that parliamentarians were key stakeholders in the ARPM process.
However, experience had shown that Members of Parliament has limited access to information on the APRM and therefore had only been partly involved in the review process.

Consequently, Members of Parliament had experienced difficulty in fulfilling one of their key roles during the process which was assessing and validating the short, medium- and long-term goals of the NPoA.

vii) Stakeholders observed that Zambia’s participation at APRM continental meetings was low.
They submitted that continental meetings were a platform for sharing experiences, reinforcing best practices, identifying deficiencies and assessing capacity building needs to foster policies standards and practices.

viii) Stakeholders were concerned that at the beginning of 2018, Zambia owed the APRM about UD$671,000 out of which US$250,335 was paid in the course of the year leaving a balance of US$420,664.
They were of the considered view that Zambia should keep up with its subscription fees for membership.

14 ix) x) Stakeholders observed that the delays in mobilising resources negatively impacted the time-frame for sensitising and contracting technical research institutions which were key for the required information for the country’s self-assessment.
Stakeholders observed that long surveys and preparation of thematic reports delayed the preparation of the CRR which was supposed to be measured against the applicable political, economic and corporate governance commitments made.
Suggested Way Forward 8.9 Based on the foregoing, stakeholders were of the view that in order for the APRM to be credible and effective in Zambia, there was need for affirmative action towards enhancing funding for APRM activities in general and the national APRM Secretariat in particular so as to enable it carry out its mandate effectively.

Stakeholders further recommended the specific measures set out hereunder.
i) ii) iii) iv) v) vi) Stakeholders called for a stand-alone APRM Secretariat as opposed to the Governance Unit under the Ministry of Justice.

They were of the considered view that there should be relative autonomy of the structure and composition of the APRM Secretariat in order to guarantee effective coordination of APRM activities.
Stakeholders observed that there was need for increased Civil Society involvement in the APRM process in order to ensure the success of the revitalisation agenda of the mechanism.

Stakeholders were of the view that Civil Society, the media and the general public retained the role of reminding State parties of their obligations where they were failing and commending them where they did well and most importantly, offering viable alternatives where need be.
In this light, it was imperative to enhance sensitisation and education of CSOs, the media, the private sector and the general populace on the importance of the APRM.

Stakeholders were of the considered view that mainstreaming of APRM objectives in all Government programmes should be intensified in order to ensure sustained commitment to implementation, monitoring and evaluation of the NPoA.
Stakeholders observed that the NGC, which was tasked with providing guidance with regard to policy direction, should hold periodic information dissemination forums in all corners of the country with all interest groups represented.

Stakeholders were of the view that this would create greater participation in national debate.
Stakeholders recommended that the country should undergo another self-assessment in the four thematic areas in the earliest possible time in light of the negative publicity the country was going through.
15 9.0 COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS The Committee observes from the outset that all the stakeholders who appeared before it are in support of the mechanism as it is essential for sharing expertise on good governance practices that ensure inclusive and sustainable economic growth and integration.

The Committee further makes observations and recommendations as set out below.
i) The Committee observes that although Zambia underwent a targeted review on the contribution of mineral resources and tourism to the economy of Zambia in November, 2019, a number of governance challenges highlighted in the first progress report are still prevalent today.
In view of the above, the Committee urges the Executive to facilitate Zambia’s second peer review under the Base Review in the shortest possible time to assess the progress made in addressing the governance challenges highlighted in the first report.

ii) The Committee notes that the partnership between the Government and the civil society with regard to the APRM has not been very collaborative, which is inimical to achieving the objectives of the mechanism.
In this regard, the Committee urges the Government, as a stakeholder that manifests interest and the will of the people, to take practical steps to ensure that civil society is given space to engage constructively in the process.

It is the view of the Committee that this would help to revive the APRM agenda and to enrich the discourse on governance and socio-economic indicators.

It would also be an opportunity to build consensus on the way forward.
iii) The Committee observes that the implementation of APRM activities in the country has been affected by the drastic reduction in budgetary allocations to these activities in the last seven years.

The Committee, therefore, urges the Executive to adequately fund APRM activities and its secretariat so that it can carry out its mandate effectively.
iv) The Committee notes with concern that not enough is being done to educate and sensitise the general populace on the APRM, which has led to misconceptions on its relevance and benefits.

The Committee, therefore, recommends that the Government puts in place a robust information and communication strategy to raise awareness on the APRM’s mandate and activities, particularly its commitment to Agenda 2063 and the United Nations (UN) Sustainable Development Goals.
In the view of the Committee, the strategy should involve the participation of all stakeholders, including the Government, private sector, Members of Parliament, political parties, trade unions, Academia, CSOs and faith-based organisations (FBOs), the media as well as people with disabilities (PWDs) as stakeholder participation is fundamental for the effectiveness of the strategy.
16 The further urges the Government to take steps to improve the information flow and transparency and accountability in the management and administration of the APRM through the media to enhance public awareness.

In particular, the Government is urged to continually inform the media and civil society of the progress in the implementing the National Programme of Action (NPoA).
v) vi) The Committee observes that although the implementation of the NPoA is largely dependent on Desk Officers at district, provincial and national level, these are not well- established and capacited.

In this regard, the Committee urges the Executive to take deliberate measures to build capacity among APRM Desk Officers as they are the drivers of the implementation and monitoring process of APRM programmes in various government ministries, institutions and agencies.
In the view of the Committee, capacity building of Desk Officers will ensure the credible and effective execution of the APRM process.

The Committee notes that although the APRM is a very important tool for fostering Zambia’s development agenda, it has not been streamlined in the county’s plans.

This has the capacity to undermine the gains from the programme.
The Committee, therefore, recommends that the APRM be executed and/or streamlined through different national policies such as the National Decentralisation Policy and the Seventh National Development Plan (7NDP) at institutional and national level for enhanced coordination, harmonisation and implementation of various policies and initiatives.
vii) The Committee observes that although what is key to the success of the APRM and good practice is the structure, composition and relative autonomy and independence of a national APRM Secretariat, Zambia’s secretariat is within the Ministry of Justice.

The Committee, therefore, recommends that a stand-alone APRM Secretariat be created, as opposed to the Governance Unit under the Ministry of Justice doubling as Secretariat.
viii) The Committee observes that Zambia has made strides in its constitutional democracy, including periodic political competition, rule of law and supremacy of the Constitution in accordance with Objective 2 of the APRM.

The Committee, however, notes that the promotion and protection of social, economic, and cultural rights as enshrined in all regional and international human rights instruments will need the enhancement of the Bill of Rights.
In this regard, the Committee urges the Executive to begin preparation for the holding of referendum to educate the general citizenry on the requirements of amending the Bill of Rights to include social, economic and cultural rights.
x) With regard to Objective 6 of the APRM, the Committee is concerned that although Zambia has made strides in the fight against corruption by putting in place adequate legal and institutional frameworks, the culture of impunity and low levels of enforcement of laws has perpetuated the high levels of corruption.
In this regard, the Committee strongly recommends that in order to enhance integrity and probity in public life, Integrity Committees in government ministries and agencies should be revamped through capacity building and increased funding to the Anti-Corruption Commission.
17 PART II CONSIDERATION OF THE ACTION–TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE THIRD SESSION OF THE TWELFTH NATIONAL ASSEMBLY 10.0 GENDER-BASED VIOLENCE IN ZAMBIA 10.1 Sensitisation Programmes in Nyimba District The Committee had urged the Government to work together with stakeholders to come up with more sensitisation programmes in Nyimba District to discourage communities from entering into agreements that hindered justice for the victims of GBV.
Executive’s Response It was submitted in the Action–Taken Report that resources allowing, the Government would continue to work with stakeholders to ensure that more sensitisation was undertaken in Nyimba District.

Committee’s Observations and Recommendations The Committee resolves to await a progress report on the increased funding to Nyimba District on GBV activities.
10.2 Scaling-up of Amenities for GBV Victims The Committee had observed with concern that most victims and families of victims of GBV prematurely withdrew cases due to the unavailability of amenities such as drop-in-centres, one- stop-centres, mobile clinics, temporary protective shelters for victims and fast-track courts.
The Committee had recommended that the Executive should come up with robust measures, as a matter of urgency, to scale-up these amenities in order to enhance access to services by victims of GBV.

Executive’s Response It was submitted in the Action-Taken Report that the Government was committed to ensuring that survivors of GBV accessed the necessary amenities immediately after the incident.

It was reported that resources allowing, the Government would ensure that these amenities were fully provided.
It was also reported that the Government was working with the United Nations Development Programme (UNDP) to develop a new programme on GBV to scale-up the provision of the necessary amenities in order to enhance access to services by victims.

Committee’s Observations and Recommendations The Committee observes that the non-availability of amenities is detrimental to the fight against GBV.
The Committee, therefore, recommends the expeditious development of the new programme on GBV so that these amenities are accessible to GBV victims.

The Committee resolves to await a progress report on the matter.

18 10.3 Expansion of Legal Definition of Medical Personnel The Committee was concerned that although the law provides for a doctor to certify medical forms in cases of GBV, not all health facilities in the country had these medical personnel readily available.
The Committee was of the view that clinical officers and nurses, who were the primary healthcare givers in most health posts, could be among the medical personnel authorised to sign medical forms in cases of GBV.

The Committee had, therefore, recommended that consideration be given to expanding the legal definition of who could certify a medical examination report and testify in court to allow for flexibility and preservation of evidence.
Executive’s Response It was reported in the Action-Taken Report that the Zambia Law Development Commission was in the process of facilitating consultative meetings over the amendments to the Anti-Gender- Based Violence Act, No.1 of 2011.
It was submitted that once all the consultative meetings were concluded and consensus reached by the various stakeholders on the amendments to the Anti- Gender-Based Violence Act, 2016, the amendment Bill would be submitted to the Ministry of Justice for drafting and finalisation.

Committee’s Observations and Recommendations The Committee observes that expanding the legal definition of who can certify a medical examination report and testify in court will cure the mischief.
The Committee, therefore, recommends that the necessary piece of legislation be amended accordingly to allow for flexibility and preservation of evidence.

The Committee resolves to await a progress report on the matter.

10.4 Non-availability of Under-Five Cards and Birth Registration Certificates The Committee had observed that the non-availability of under-five cards and birth registration certificates made it difficult to verify age in the judicial process.
This had led to frustrations and, in most cases, acquittals.

The Committee had, therefore, urged the Executive to come up with measures to ensure that all births were recorded.

Further, the Committee had urged the Executive to ensure that birth registration certificates were made available countrywide.
Executive’s Response It was submitted in the Action-Taken Report that in order to avert low birth registration and increase issuance of birth certificates in the country, the Ministry of Home Affairs, through the Department of National Registration, Passport and Citizenship, had come up with measures to ensure that births were recorded and birth registration certificates issued throughout the country.
To that end, specific measures had been taken to enhance recording and certification of births as follows: i) ii) legal and administrative reforms to decentralise certification to provincial and district levels.

The Births and Deaths Registration Regulations, Statutory Instrument No.

44 of 2016, was issued to provide an enabling framework for the issuance of birth certificates at provincial level; and decentralisation of printing and issuance of birth certificates.
The Government had already established and launched the provincial Birth Certificate printing and issuance facilities in: 19 a) Kabwe to serve Central Province; b) Ndola to serve Copperbelt Province; c) Chipata to serve Eastern Province; d) Kasama to serve Northern Province; e) Choma to serve Southern Province; f) Mansa to serve Luapula Province; and g) Solwezi to serve North-Western Province It was reported further that the centres were presently printing and issuing birth certificates at provincial level and that all provinces would be equipped with facilities for printing and issuing birth certificates before the end of 2020.
Having recognised that most births occurred in health facilities, the Ministry of Home Affairs had signed a memorandum of understanding (MoU) with the Ministry of Health to facilitate the implementation of birth registration in health facilities.

Birth registration was being conducted in over 700 health facilities countrywide.

This was expected to increase birth registration centres.
Furthermore, the Ministry had a communication advocacy strategy that sought to enhance awareness of the importance of birth registration among members of the public.

To this end, the Department of National Registration, Passport and Citizenship was undertaking outreach campaigns and radio and television awareness programmes.
Committee’s Observations and Recommendations The Committee recommends that the provision of birth registration certificates should be rolled- out to districts where cases of GBV were rampant so as to ease the age verification in the judicial process.

The Committee resolves to await a progress report on the matter.
10.5 Absence of Resident Magistrate in Nyimba District The Committee had recommended that the Government should consider sending a Resident Magistrate to Nyimba District so as to address issues of delayed delivery of justice in GBV cases.

Executive’s Response It was submitted in the Action-Taken Report that the Judiciary had not sent a Magistrate to Nyimba District due to lack of a court infrastructure.
It was reported that the Judiciary had no funding for construction of Subordinate Courts and, therefore, Nyimba District was being circuited by Subordinate Court Magistrates stationed at the Petauke Subordinate Court, who heard all civil and criminal cases that were filed for determination by the Subordinate Court.
Committee’s Observations and Recommendations The Committee observes with great concern that the absence of a Subordinate Court in Nyimba District is denying justice to victims of GBV, resulting in many victims withdrawing cases.

The Committee urges the Executive to quickly construct a court house in the district in order to expeditiously deliver justice for the victims of GBV.

The Committee resolves to await a progress report on the matter.
20 10.6 Funding for the One-Stop-Centre in Nyimba District The Committee had observed with great concern that psychosocial counsellors at the centre were not Government employees, but were providing the service on voluntary basis.

The Committee had strongly recommended that the Government should consider allocating funds to the One- Stop-Centre for the centre to operate effectively.
Executive’s Response It was reported in the Action-Taken Report that the Ministry of Gender would collaborate with the Ministry of Justice and the Ministry of Health with regard to allocating funds to the One- Stop-Centre in Nyimba District.

Committee’s Observations and Recommendations The Committee is greatly concerned that the One-Stop-Centre in Nyimba District is not directly allocated funds from the Government for its operations.
The Committee recommends that the centre should be directly funded from the Government in order to operate effectively and efficiently.

The Committee resolves to await a progress report on the matter.

Inconsistency in Definition of a Child in the Law 10.7 The Committee had urged the Government to review and harmonise the definition of a child in all pieces of legislation such as the Constitution, which impacted on the child, with a view of having one definition of a child.
The Committee was of the view that this would have a positive impact on efforts aimed at preventing child marriage.

Executive’s Response It was reported in the Action-Taken Report that the Constitution of Zambia (Amendment) Bill, No.

10 of 2019 was presented to Parliament during the June, 2019 Meeting and went through the First Reading.
Among the proposed amendments in the Bill was the amendment to the definition of the word “child” so as to align it with the definition under the Convention on the Rights of the Child, to which Zambia was a party.

Committee’s Observations and Recommendations The Committee notes the response and resolves to await a progress report on the review and harmonisation of the definition of a child.
10.8 Enactment of the Child Code Bill The Committee had urged the Government to expedite the enactment of the Child Code Bill which would go a long way in addressing the inconsistency in the definition of a child.

Executive’s Response It was reported in the Action-Taken Report that the Ministry of Justice was finalising the drafting of the Child Code Bill after receiving further instructions which were being incorporated into the Bill.
It was anticipated that the Bill would be presented in the September, 2019 Meeting of Parliament.

21 Committee’s Observations and Recommendations The Committee observes that, contrary to the assurance, the Child Code Bill was not presented to Parliament in the September, 2019 Meeting.

The Committee recommends the expeditious finalisation and presentation of the Bill to the National Assembly for enactment so as to cure this mischief regarding the definition of a child.
The Committee resolves to await a progress report on the matter.

11.0 REVIEW OF THE OPERATIONS OF THE LEGAL AID BOARD 11.1 Review of the Legal Aid Act The Committee had observed that although the Legal Aid Act, Chapter 34 of the Laws of Zambia was generally a good piece of legislation, it was out of date as it did not consider the broad definition of legal aid that was contained in the Legal Aid Policy, which included concepts such as legal education, legal information and legal advice.
The Committee had, therefore, recommended that the Act be reviewed to bring it in line with the policy direction, which had been hailed as proactive and elaborate.

Executive’s Response It was reported in the Action-Taken Report that a technical working group, chaired by the Legal Aid Board, had finalised the process of drafting a layman’s draft Bill with proposed amendments to the existing Legal Aid Act.

The draft Bill was submitted to the Ministry of Justice in July, 2019 for drafting and finalisation.
Committee’s Observations and Recommendations The Committee notes the response and urges the Government to, in reviewing the Act, to fully domesticate international and regional instruments on legal aid.

The Committee resolves to await a progress report on the matter.
11.2 Understaffing at the Legal Aid Board The Committee had observed that the Legal Aid Board was severely understaffed and faced the challenge of insufficient presence in districts such as Chama, Mafinga and Shiwang’andu, which had significantly undermined its ability to provide services to members of the public, and ultimately, access to justice.
Executive’s Response It was reported in the Action-Taken Report that the Ministry of Finance would endeavour to issue the Treasury Authority within the third quarter of 2019.

Committee’s Observations and Recommendations The Committee recommends that the Government should grant the necessary Treasury Authority so that the Board can fill all the vacant positions in its establishment.

The Committee resolves to await a progress report on the matter.
11.3 Legal Representation on Pro Bono Basis The Committee had recommended that there should be a provision in the Legal Aid Act, Chapter 34 of the Laws of Zambia or the Law Association of Zambia Act, Chapter 31 of the Laws of 22 Zambia compelling Counsel to take up at least three cases per year on pro bono basis under the Legal Aid Board before being awarded their practicing licence.
Executive’s Response It was reported in the Action-Taken Report that the issue of compelling Counsel to take up cases on pro bono basis was considered by the Law Association of Zambia (LAZ) several years ago.

There were strong arguments on both sides of the matter on the aspect of compelling lawyers to offer pro bono services and tying it to the right to practice law in any given year.

The resolution at that time was not to adopt the motion.
It was reported, however, that a letter had been written to the president of LAZ to consider the matter in council at its next Annual General Meeting (AGM).

Committee’s Observations and Recommendations The Committee resolves to await a progress report on the proposal to make the issuance of practicing licence conditional on a practitioner offering pro bono services.
Inadequate Funding of the Legal Aid Board 11.4 The Committee was of the view that it was irrational for the Government to adequately fund the National Prosecution Authority (NPA), which prosecuted offenders and inadequately fund the Legal Aid Board which carried out the noble task of defending the less privileged in society as the two institutions were two sides of the same coin.
Executive’s Response It was submitted in the Action-Taken Report that the Legal Aid Board was up to date with the operational grant as of June, 2019, while the National Prosecution Authority was behind by a month.

It was reported that out of the total 2019 Budget of K19.4 million for the Legal Aid Board, K9.7 million had so far been released while for the NPA, K60.8 million had so far been released out of K147.5 million.
Committee’s Observations and Recommendations The Committee observes that according to the tenet of criminal law, a person is to be presumed to be innocent until he is proven guilty.

Without effective legal aid, this presumption of innocence is lost.

The Committee is of the view that there should be equitable funding for the two institutions by the Ministry of Finance.

The Committee resolves to await a progress report on the matter.
11.5 Development of a Robust Information Dissemination and Communication Strategy The Committee had recommended the development of a robust information dissemination and communication strategy and implementation.

The Committee had further recommended the availability of requisite personnel and other resources.
Executive’s Response It was submitted in the Action-Taken Report that the development of a robust sensitisation and information dissemination strategy would require recruitment of staff with expertise in public relations and media in its various forms and information and communication technology (ICT).

Further, it was reported that there would be need to acquire appropriate tools and equipment.
23 The Executive reported that research and planning, including a review of the staff establishment, would start as soon as all the preparatory work was complete.

In the course of 2020, going onto 2021, a complete unit would be set up and operationalised.

Committee’s Observations and Recommendations The Committee expresses concern that not enough is being done to sensitise the general citizenry on legal aid, which has led to misconceptions on its relevance, costs as well as benefits.
The Committee resolves to await a progress report on the matter.
CONSIDERATION OF THE ACTION-TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE SECOND SESSION OF THE TWELFTH NATIONAL ASSEMBLY 12.0 REVIEW OF THE OPERATIONS OF THE OFFICE OF THE PUBLIC PROTECTOR 12.1 Actualisation of the New Organisational Structure of the OPP The Committee had resolved to await a progress report on the actualisation of the new organisational structure of the Office of the Public Protector (OPP).
Executive’s Response It was reported in the Action-Taken Report that the organisational structure of the OPP would be actualised as soon as Treasury Authority was granted by the Ministry of Finance.

Committee’s Observations and Recommendations The Committee notes the response but is displeased over the inordinate delay in granting Treasury Authority to enable actualisation of the organisational structure for the OPP, which will improve operations and ensure efficacy of the office.
In this vein, the Committee calls for expeditious action from the Treasury and resolves to await a progress report on the matter.

12.2 Other Operational Challenges faced by the OPP The Committee had resolved to await a progress report on the matter of other operational challenges faced by the OPP.

Executive’s Response It was reported in the Action-Taken Report that the Office of the Public Protector had not yet been granted Treasury Authority to actualise its approved organisational structure.
In addition, the Ministry of Finance had committed to allocate funds that would enable the office to operationalise 75 percent of its structure.

It was further reported that the Office had also continued to engage the Ministry of Finance for increased budgetary allocation to enable the office to operate efficiently and effectively.
Committee’s Observations and Recommendations The Committee observes that the actualisation of the structure of the OPP is paramount to carrying out its mandate of promoting and safeguarding the interests and the rights of individuals 24 in their quest to receive a public service that is just and fair.

The Committee resolves to await a progress report.

12.3 Tenure of Office of Public Protector The Committee had resolved to await a progress report on the matter of tenure of Office of the Public Protector.
Executive’s Response It was reported in the Action-Taken Report that the current status on the matter of tenure of Office of the Public Protector was that there should a Constitutional amendment to Article 247 (1), (2) of the Constitution of Zambia Act, as amended by Act No.
2 of 2016 which provided that: “The Public Protector shall retire from office on attaining the age of sixty years or may retire with full benefits on attaining the age of fifty-five.” The proposed amendment to the tenure of Office of the Public Protector was as follows: “The Public Protector shall serve for one term of seven years non-renewable on the same conditions of service as a Judge of the High Court of Zambia”.
This constitutional amendment had been adopted and submitted to Parliament to be included in the Constitution of Zambia (Amendment) Bill, No.

10 of 2019.

Committee’s Observations and Recommendations The Committee notes the response by the Executive and resolves to await a progress report on the matter.

12.4 Optimal Operation of the OPP The Committee had resolved to await a progress report on the granting of Treasury Authority so that optimal operation of the OPP could be ensured.
Executive’s Response It was reported in the Action-Taken Report that the Treasury would endeavour to provide allocation over the medium term to ensure optimal operations of the Office of the Public Protector.

Committee’s Observations and Recommendations The Committee notes the response by the Executive.

The Committee, however, notes that there is no increase in the budgetary allocation for the Office of the Public Protector in the 2020 Budget to ensure optimal operations of the Office.
The Committee, therefore, reiterates its recommendation that Treasury Authority be granted to the Institution without undue delay.

The Committee resolves to await a progress report on the funding of the OPP over the medium term.
25 13.0 PARTICIPATION OF PERSONS WITH DISABILITIES IN THE ELECTORAL PROCESS IN ZAMBIA 13.1 Rural Mobile National Registration and Voter Registration Facilities for Persons with Disabilities (PWDs) The Committee had resolved to await a progress report on the matter of rural mobile national registration and voter registration facilities for PWDs.
Executive’s Response It was submitted in the Action-Taken Report that the Electoral Commission of Zambia had commenced discussions with the Department of National Registration Passport and Citizenship in the Ministry of Home Affairs, to explore ways in which the two institutions could collaborate in the mobile issuance of National Registration Cards prior to the voter registration exercise in 2020.
Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the matter.
CONSIDERATION OF THE ACTION–TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, HUMAN RIGHTS, NATIONAL GUIDANCE, GENDER MATTERS AND GOVERNANCE FOR THE FIRST SESSION OF THE TWELFTH NATIONAL ASSEMBLY 14.0 THE IMPLICATIONS OF THE EXTRACTIVE INDUSTRY ACTIVITIES ON HUMAN RIGHTS: THE CASE OF ZAMBIA’S MINING SECTOR 14.1 Amendment of the Zambia Development Agency Act, No.
11 of 2006 In noting the Executive’s submission on the proposed revisions to the Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations, the Committee had resolved to await a progress report on the amendment of the Act.
Executive’s Response It was reported in the Action-Taken Report that Zambia Environmental Management Agency (ZEMA) had proposed revisions to the Environmental Protection and Pollution Control (Environmental Impact Assessment) Regulations to include human rights issues, especially when dealing with resettlement.

To this end, a framework for Resettlement Action Plans had been provided for in the draft regulations which were at the Ministry of Justice.
Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the matter.

14.2 Specific Nature of Government Support to HRC, ZEMA, WARMA and MSD The Committee had resolved to await a progress report on the enactment of the Human Rights Commission Bill, 2018.
This was with regard to the specific nature of Government support to the 26 Human Rights Commission (HRC), Zambia Environmental and Management Agency (ZEMA), Water Resources Management Authority (WARMA) and the Mines Safety Department (MSD).

Executive’s Response It was reported in the Action-Taken Report that work on the Human Rights Commission Bill, 2018, was progressing well.

The Bill had since been sent to the Ministry of Justice for further processing.
Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the Bill.

14.3 Stiffening of Penalties for Environmental Pollution The Committee had noted the submission by the Executive and recommended that the drafting of the Bill to amend the Environmental Management Act, No.

12 of 2011 be expedited and possibly be presented to Parliament within 2019.

In this regard, the Committee had resolved to await a progress report.
Executive’s Response It was reported in the Action-Taken Report that the review of the Environmental Management Act, No.

12 of 2011 had reached an advanced stage.

ZEMA was concluding on the draft Bill and it was envisaged that the Bill would be submitted to the Ministry of Water Development, Sanitation and Environmental Protection for onward transmission to the Ministry of Justice before the end of 2019.
Committee’s Observations and Recommendations In noting the response by the Executive, the Committee recommends that the enactment of the Bill be expedited in order to deter would-be polluters.

The Committee resolves to await a progress report on the matter.

14.4 Need for Legislation on Resettlement and Compensation The Committee had resolved to await a progress report on the outcome of the consultations undertaken by the Ministry of Justice on the need for legislation on resettlement and compensation.
Executive’s Response It was submitted in the Action-Taken Report that the Ministry of Justice was still undertaking consultations on the need for legislation on resettlement and compensation.

Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the matter.
27 CONSIDERATION OF THE ACTION-TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, GOVERNANCE, HUMAN RIGHTS, GENDER MATTERS AND CHILD AFFAIRS FOR THE FIFTH SESSION OF THE ELEVENTH NATIONAL ASSEMBLY 15.0 THE DEATH PENALTY IN ZAMBIA 15.1 Review of the Penal Code The Committee had noted with concern that the matter of reviewing the Penal Code had taken inordinately long to finalise.

The Committee had, therefore, called for the expeditious conclusion of the matter.
The Committee had resolved to await a progress report.

Executive’s Response It was submitted in the Action-Taken Report that the Zambia Law Development Commission was still in the process of drafting the amendments to the Penal Code and once the drafting was finalised, the Commission would submit the draft to the Ministry of Justice for finalisation before Cabinet approval and subsequent introduction in Parliament.
Committee’s Observations and Recommendations The Committee notes the Executive’s response but reiterates that the consultation process in the amendment of the Penal Code Act, Chapter 87 of the Laws of Zambia has taken too long.

The Committee, therefore, urges the Government to expedite the amendment of the Penal Code Act.

The Committee resolves to await a progress report on the matter.
CONSIDERATION OF THE ACTION-TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, GOVERNANCE, HUMAN RIGHTS, GENDER MATTERS AND CHILD AFFAIRS FOR THE FOURTH SESSION OF THE ELEVENTH NATIONAL ASSEMBLY 16.0 THE CAUSES AND EXTENT OF TORTURE IN ZAMBIA 16.1 Limited Mandate of the Human Rights Commission The Committee had resolved to await a progress report on the consultations on the review of the Human Rights Commission Act.
Executive’s Response It was reported in the Action-Taken Report that the Ministry of Justice had finalised the drafting of the Human Rights Commission Bill.

It was anticipated that the Bill would be presented in the September, 2019 Meeting of Parliament.

Committee’s Observations and Recommendations The Committee observes that the Bill was not presented in the September, 2019 Meeting of Parliament as assured.
The Committee urges the Executive to expedite the presentation of the Bill to Parliament and resolves to await a progress report.

28 16.2 Restoration of Public Confidence in the Judiciary through Reform The Committee had noted the submission and observed that there was no timeframe given as to when the stakeholder consultations would be concluded.

The Committee had recommended that a timeframe be stipulated for the conclusion of these consultations and resolved to await a progress report.
Executive’s Response It was reported in the Action-Taken Report that the Legal and Justice Sector Reforms Commission did not have a stipulated timeframe within which to conclude its work under the Legal and Justice Sector Reforms Commission, Statutory Instrument No.

22 of 2014.

However, the Commission prepared a work plan with an initial period of one year within which the Commission intended to complete its work and render a report.
The Commission undertook consultations in the provinces as highlighted in previous Action- Taken Reports but had been unable to complete its consultations with key stakeholders, such as the Judiciary, due to non-availability of funds.

Once the Commission was funded, its consultations would be concluded and a report rendered.

Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the matter.
CONSIDERATION OF THE ACTION-TAKEN REPORT ON THE REPORT OF THE COMMITTEE ON LEGAL AFFAIRS, GOVERNANCE, HUMAN RIGHTS, GENDER MATTERS AND CHILD AFFAIRS FOR THE THIRD SESSION OF THE ELEVENTH NATIONAL ASSEMBLY 17.0 JUDICIAL REFORMS IN THE JUSTICE SYSTEM IN ZAMBIA 17.1 Operational Independence of the Judiciary The Committee had resolved to await a progress report on the matter of funding and implementation of the Performance Management System for the Judiciary.
Executive’s Response It was reported in the Action-Taken Report that the Judiciary had undertaken a desk study of different performance management systems within and outside the country.

The Judiciary had identified the performance management system for the Zimbabwe Judiciary as ideal and a team from the Judiciary had been earmarked to travel to Zimbabwe on a case study tour at the end of the last quarter of 2019.
Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the matter.

29 18.0 ENFORCEMENT OF THE LAW RELATING TO VIOLENCE AND HARASSMENT AGAINST WOMEN AND GIRLS IN ZAMBIA 18.1 Need to Include Magistrates’ Conditions of Service in the Judges (Conditions of Service) Act The Committee had resolved to await a progress report on the need to include magistrates’ conditions of service in the Judges (Conditions of Service) Act.
Executive’s Response It was submitted in the Action-Taken Report that the Judiciary was still awaiting a response from the Secretary to the Cabinet over the proposed amendments to be included in the Judges (Conditions of Service) Act.

Committee’s Observations and Recommendations The Committee notes the Executive’s response and resolves to await a progress report on the matter.
19.0 CONCLUSION It was the Committee’s considered view that the APRM’s good intentions are still desirable, feasible and relevant for good governance.

The Committee is also of the view that the APRM still has tremendous potential to serve as a useful tool for sharing expertise and experiences on governance practices to ensure inclusive, and sustainable socio-economic growth and integration.
Despite the highlighted challenges in the implementation of the APRM in Zambia such as inadequate financial allocation, delayed implementation of the NPoA and low awareness levels of the APRM in the country, the Committee is of the view that the mechanism is a driver for positive change by encouraging the adoption of policies, standards and practices that would bring about economic growth, sustainable development and a culture of accountability and transparency.
The Committee is also of the view that in order for the APRM to succeed, there is need to take concrete measures to fully implement its provisions.

This includes creating a real and effective partnership with civil society, given that there is no doubt that it is the latter that could enrich and deepen the analysis required.
In this vein, the Committee underscores the need to revive the APRM agenda by taking advantage of the targeted review undertaken in November, 2019, under two thematic areas namely; “The Contribution of Tourism to the Economy of Zambia” and “The Contribution of Mineral Resources to the Economy of Zambia,” to sensitise and educate the different sectors of society and the general populace.
The Committee is therefore hopeful that the observations and recommendations contained in this Report will go a long way in promoting the effective coordination and implementation of APRM activities and programmes in Zambia for credibility and effectiveness.

Lastly, the Committee wishes to express its gratitude to the Honourable Mr Speaker and to the Clerk of the National Assembly for the guidance and support rendered to it throughout its 30 deliberations.
The Committee is also indebted to all stakeholders who rendered both written and oral submissions for their co-operation in providing the necessary memoranda and briefs.
M Jere, MP CHAIRPERSON June, 2020 LUSAKA 31 APPENDIX I List of National Assembly Officials Ms C Musonda, Principal Clerk of Committees Mr F Nabulyato, Deputy Principal Clerk of Committees (SC) Mr S Chiwota, Senior Committee Clerk (SC) Ms B P Zulu, Committee Clerk Ms C C Ndima, Stenographer Ms I Mwiya, Typist Mrs R Mwiinga, Typist Mr D Lupiya, Committee Assistant 32 APPENDIX II List of Witnesses ZAMBIA LAW DEVELOPMENT COMMISSION Mr M Mwenda – Research Coordinator Ms M Chikwanda – Research Officer Ms N Ng’andu – Library Officer Ms P Simuchoba – Library Assistant CHAPTER ONE FOUNDATION Mr J Kalala – Advocate EVANGELICAL FELLOWSHIP OF ZAMBIA Bishop Dr J H K Banda – Technical Committee Chairperson Rev A Chilunjika – Member of the Technical Committee Mr J S Phiri – Member of the Technical Committee UNIVERSITY OF LUSAKA Dr C Mulenga – Deputy Vice-Chancellor Ms T Lumbama – Lecturer Ms L Mwanza – Lecturer JESUIT CENTRE FOR THEOLOGICAL REFLECTION Mr J Lungu – Programmes Officer Mr E Ngoma – Programmes Officer Ms M Siamachoka – Programmes Officer Mr B Mwaba – Media and Information Officer POLICY MONITORING AND RESEARCH CENTRE Mrs B D Zulu – Executive Director Mr C J Nkonde – Communications Specialist Mr S Kaunda – Head of Research Mr A Kabechani – Head of Monitoring and Evaluation Mr A Kasoma – Senior Researcher Ms E N Nyemba – Researcher Ms A M Pearce – Researcher OXFAM Mr E Maseko – Governance Manager Ms F Nsofu – Women’s Rights Manager Mr J Yondela – Business Services Manager 33 GEARS INITIATIVE Mr M Chipenzi – Executive Director Mr M Musukwa – Administrative Manager MINISTRY OF GENDER Mr S Silomba – Permanent secretary Mr W Kabwe – Director (Planning) Ms P Mundale – Director (Gender in Development) Ms L S Habanji – Director (Gender Rights Protection) Mr S Kapilima – Assistant Director (Gender Rights Protection) Ms J Chinamansa – Assistant Planner ALLIANCE FOR COMMUNITY ACTION Mr J Maliseni – Information and Advocacy Officer Mr Z Simuchentu – Project Officer Mr A Banda – Social Media and Information and Communication
 Technology Officer TRANSPARENCY INTERNATIONAL ZAMBIA Mr J Chituwo – Acting Executive Director Ms B Samulela – Legal Officer ZAMBIA CIVIC EDUCATION ASSOCIATION Mrs J Mulenga – Executive Director Ms C Ngolwe – Project Officer Ms T Hazwiindi – Project Officer Mr G C Kasowano – Project Officer RAINBOW PARTY Mr W M Kabimba – General-Secretary Mr R Chikwelete – First Deputy General-Secretary Mr T J Malunga – Media Chairperson Ms N Akalaluka – Chairlady ACTIONAID ZAMBIA Mr M Kabinga – Programmes Manager Mr G Sinzala – Programmes Officer Mr R Kampamba – Programmes Officer ANTI-CORRUPTION COMMISSION Ms R M Khuzwayo – Acting Director-General Mr C Moonga – Acting Secretary to the Commission Mr I Chilanga – Director HUMAN RIGHTS COMMISSION Ms F Chibwesha – Director Mr K Banda – Chief Investigations and Legal Officer 34 MINISTRY OF COMMERCE, TRADE AND INDUSTRY Mr M Mulenga – Permanent Secretary Mr B Moonga – Chief Planner Mr A Mutale – Chief Economist Ms L Mwanza – Director (Finance) Ms M M Pasi – Director (Human Resource and Administration) Mr F Mulenga – Acting Trade and Investment Promotion Officer Mr A L Malisani – Economist OPERATION YOUNG VOTE Mr G Nyirenda – Executive Director Mr I Mwale – Board Member Mr B Mulenga – Board Member MINISTRY OF NATIONAL DEVELOPMENT PLANNING Mr C Chabala – Permanent Secretary Mr L Chileshe – Assistant Director Ms P Kaoma – Assistant Director (Monitoring and Evaluation) Mr A M Mushe – Senior Planner CARITAS ZAMBIA Mr P Mwanang’ombe – Programmes Manager Mr M Bwalya – Programmes Officer Ms C T Lesa – Programmes Officer MINISTRY OF JUSTICE/ NATIONAL GOVERNING COUNCIL Ms T D Oteng – Permanent Secretary (Administration) Mr G Lyempe – Acting Director (Governance Unit) Mr G Nyirenda – Spokesperson (National Governing Council) Ms A M Imasiku – Member (National Governing Council) 35